IN RE FINANCIAL OVERSIGHT AND MANAGEMENT BOARD

Nos. 23-1045, 23-1046, 23-1047, 23-1048, 23-1049.

92 F.4th 355 (2024)

IN RE: The FINANCIAL OVERSIGHT AND MANAGEMENT BOARD FOR PUERTO RICO, as Representative for the Commonwealth of Puerto Rico; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Sales Tax Financing Corporation, a/k/a Cofina; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Employees Retirement System of the Government of the Commonwealth of Puerto Rico; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Highways and Transportation Authority; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Electric Power Authority (PREPA); The Financial Oversight and Management Board for Puerto Rico, as Representative of the Puerto Rico Public Buildings Authority, Debtors. The Abraham Giménez Plaintiff Group, a/k/a Group Wage Creditors in the Litigation Captioned Abraham Giménez, et al. v. Department of Transportation and Public Works, CASP Case No. 2021-05-0346; The Cruz Hernandez Plaintiff Group, a/k/a Group Wage Creditors in the Litigation Captioned Carmen Socorro Cruz Hernandez, et al. v. Family Department, ARV, and AIJ of the Commonwealth of Puerto Rico, Case No. K AC 1991-0665; The Beltran-Cintron Plaintiff Group, a/k/a Group Wage Creditors in the Litigation Captioned Francisco Beltran-Cintron, et al. v. Family Department, ARV, and AIJ of the Commonwealth of Puerto Rico, CASP Case No. 2021-05-0345; The Acevedo-Camacho Plaintiff Group, a/k/a Group Wage Creditors in the Litigation Captioned Madeline Acevedo-Camacho, et al. v. Family Department, ARV, and AIJ of the Commonwealth of Puerto Rico, CASP Case No. 2016-05-1340; The Acevedo Arocho Plaintiff Group, a/k/a Group Wage Creditors in Litigation Captioned Prudencio Acevedo Arocho, et al. v. Puerto Rico Department of Treasury, Case No. K AC-2005-5022, Appellants, v. The Financial Oversight and Management Board for Puerto Rico, as Representative for the Commonwealth of Puerto Rico, Appellee.

United States Court of Appeals, First Circuit.

February 9, 2024.


Attorney(s) appearing for the Case

Jesus E. Batista Sánchez , with whom The Batista Law Group, PSC, was on brief, for appellants.

Shiloh A. Rainwater , with whom Timothy W. Mungovan , John E. Roberts , Martin J. Bienenstock , Brian S. Rosen , Mark D. Harris , and Proskauer Rose LLP were on brief, for appellee.

Before Montecalvo, Lipez, and Thompson, Circuit Judges.


We consider again the application of the Puerto Rico Oversight, Management, and Economic Stability Act ("PROMESA"), this time in the context of administrative-expense-priority provisions of the federal Bankruptcy Code that are incorporated into PROMESA. Appellants are five groups of current and former public employees...

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